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Article in support of Robert's reduced sentence


I regret having to take a different stand from many of my friends with a disability. I understand the reason for the position they take, but I cannot agree with it. When I was awarded the Order of Canada in 1989, Madame Jean Sauve graciously said to me, "You do for those who cannot do for themselves", and throughout my life, I have indeed tried. I am torn, when I think of how tragically Tracy’s young life ended and also of the torment Robert must have felt. I have to consider both, for I have been in the position of watching someone I loved dearly suffer intense pain. For seven years following a massive stroke, I did all I could for my mother, but it was never enough to relieve the physical pain she felt every time she had to be moved and the mental anguish she endured being unable to express her thoughts. No AAC system could help her in her severely disabled state. I could only offer her kindness and compassion. I wished many times I had the courage to help her die. I didn’t!

I have known many parents of children with cerebral palsy. I know the unique bond they share with their child, how they read their child’s eyes, how they feel their pain. They must make decisions regarding every aspect of their child’s life. This includes agreeing to surgery, to medication, to therapy, to the child’s way of sitting, of eating, of sleeping. The empathy that develops is awesome and it means empathy for their child’s pain as well as their joy. When the relationship is strongest, the strengths, the sensitivities, the vulnerabilities, and sadly, the weaknesses, of the parent dictate what the child’s life will be. After thirty years of interacting with such families, I realize I can never truly understand the dynamics between these parents and their offspring. How can a judicial system possibly apply a rigid mandatory ruling to an event arising within this relationship?

I listen most attentively to the argument expressed by many persons with disabilities and their organizations regarding the slippery slope we are descending if we offer compassion to Robert Latimer. This and other arguments against reducing Robert’s sentence are reflected in the comments of our editors. Counter arguments are ably presented on [this website] by Professor Rudy Krutzen, retired from the University of Saskatchewan. I will comment on but one argument, that of the slippery slope, for it concerns me the most. I acknowledge the strong need for vigilance and advocacy to protect those with disabilities against any devaluating of their lives. This, however, does not prevent me from worrying about the equally dangerous slippery slope associated with mandatory sentences and class incarceration protocols — preventing judges and juries from using their discretion based on the knowledge they gain through the trial process. I must vehemently reject simplistic "one-size-fits-all- solutions". They put all individual rights at risk.

I urge our readers to carefully consider the Latimer family "story". In my letters to members of parliament, I have proposed two things :

Compassion for Robert through a reduced sentence, with no need for maximum security detention —He drove himself to prison!
The honouring of Tracy’s life through establishing a Tracy Latimer Community (TLC) to serve as a demonstration and training centre offering the best care possible for those with severe disabilities who are in chronic pain. The annual cost of $62,407.70 for incarcerating Robert could much more profitably be directed toward such a centre. Jean Vanier shows us the way for those with special needs. Tracy would not have lived in vain, if her life could lead the way to caring for young persons in pain through a young persons’ "hospice".
A quote from The Ethical Canary by Margaret Sommerville provides a fitting closing thought: "Hope is the oxygen of the human spirit." Sad that both Robert and Tracy had to suffer from lack of oxygen. Let’s hope that the citizens and government of Canada can do something about it!

Shirley McNaughton Ph.D., Member of the Order of Canada
Co-editor of "Communicating Together" Magazine

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